Cart
Free US shipping over $10
Proud to be B-Corp

The International Legal Personality of the Individual Astrid Kjeldgaard-Pedersen (Associate Professor of International Law, Associate Professor of International Law, University of Copenhagen)

The International Legal Personality of the Individual By Astrid Kjeldgaard-Pedersen (Associate Professor of International Law, Associate Professor of International Law, University of Copenhagen)

Summary

This monograph traces the intellectual history of the international legal personality of individuals. It demonstrates how many international lawyers still rely on the idea that states are the only subjects of international law, whereas practice shows that the question of the international legal rights and duties of any entity is strictly empirical.

The International Legal Personality of the Individual Summary

The International Legal Personality of the Individual by Astrid Kjeldgaard-Pedersen (Associate Professor of International Law, Associate Professor of International Law, University of Copenhagen)

This is the first monograph to scrutinize the relationship between the concept of international legal personality as a theoretical construct and the position of the ultimate subject, the individual, as a matter of positive international law. By testing the four main theoretical conceptions of international legal personality against historical and existing norms of positive international law that regulate the conduct of individuals, the book argues that the common narrative in contemporary scholarship about the development of the role of the individual in the international legal system is flawed. Contrary to conventional wisdom, international law did not apply to states alone until World War II, only to transform during the second half of the 20th century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is - and always was - strictly empirical. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international law and national law turns exclusively on whether the source of the norm in question is international or national in kind. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the 19th century, to influence the interpretation and application of international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-state entities) are frequently applied more restrictively than interpretation without presumptions regarding 'personality' would merit.

The International Legal Personality of the Individual Reviews

a welcome addition to the literature ... its value is enhanced further by the technically-able treatment Kjeldgaard-Pedersen gives each of the regimes she considers, the historical context within which the major instruments are situated, and the breadth of scope of the investigation. * Tom Sparks, German Yearbook of International Law *

About Astrid Kjeldgaard-Pedersen (Associate Professor of International Law, Associate Professor of International Law, University of Copenhagen)

Astrid Kjeldgaard-Pedersen is an Associate Professor of International Law at the Faculty of Law, University of Copenhagen. She has previously worked as assistant attorney at one of Denmark's top law firms and as Head of Section in the Human Rights Office of the Danish Ministry of Justice. She holds a Master of Laws from the University of Copenhagen and obtained her PhD degree at Aarhus University in 2012. Her research interests cover a wide range of issues in the field of public international law. Her work is published in international and Danish law journals as well as edited books. She is the sole editor of Nordic Approaches to International Law (Brill, 2017), and in 2005 she published a monograph in Danish entitled The Immunity of State Representatives (Thomson).

Table of Contents

1: Introduction 2: International Legal Personality as a Theoretical Construct 3: The Personality of Individuals in Positive International Law -General Issues 4: The Legal Personality of Individuals in International Claims 5: The Legal Personality of Individuals in International Humanitarian Law 6: The Legal Personality of Individuals in International Criminal Law 7: The Legal Personality of Individuals in International Human Rights Law 8: The Legal Personality of Individuals in International Economic Law 9: Conclusion

Additional information

NPB9780198820376
9780198820376
0198820372
The International Legal Personality of the Individual by Astrid Kjeldgaard-Pedersen (Associate Professor of International Law, Associate Professor of International Law, University of Copenhagen)
New
Hardback
Oxford University Press
2018-08-15
296
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - The International Legal Personality of the Individual